Naturalization After Asylum or TPS: What You Need to Know

Achieving U.S. citizenship is a profound milestone, especially for those who first found safety in the United States through asylum or Temporary Protected Status (TPS). The journey from a protected status to becoming a naturalized citizen involves specific steps and requirements. Understanding this path is the first step toward securing your permanent future in this country. Here’s a summary of what you need to know:

• Eligibility: You must first obtain a Green Card (lawful permanent residence) before you can apply for citizenship.
• Timeline: The waiting period for naturalization typically begins after you become a permanent resident, not from when you received asylum or TPS.
• Key Step for Asylees: Asylees can apply for a Green Card one year after being granted asylum.
• Key Step for TPS Holders: TPS does not directly lead to a Green Card. Holders must find another path to permanent residency, such as through family or employment sponsorship.

Sverdloff Law Group is here to guide you through every step of the immigration process. Our team understands the challenges and anxieties faced by immigrants and their families, and we are committed to providing comprehensive, empathetic, and timely legal services.

How Does Naturalization Work for Asylees?

A common question we hear is, “I’ve had asylum for a year. Can I apply for citizenship now?” This highlights a frequent point of confusion. Before applying for naturalization (citizenship), you must first become a lawful permanent resident (Green Card holder).

For asylees, the process looks like this:

1. One Year of Physical Presence: After being granted asylum, you must be physically present in the U.S. for at least one year.
2. Apply for a Green Card: You can then file Form I-485, Application to Register Permanent Residence or Adjust Status. A crucial benefit for asylees is that USCIS often “backdates” the start of their permanent residency by one year from the date the Green Card is approved. This can shorten your overall wait time for citizenship.
3. Meet Naturalization Requirements: Once you have your Green Card, you must meet the standard requirements for naturalization. This includes residing in the U.S. as a permanent resident for five years (or three if married to a U.S. citizen), demonstrating good moral character, and passing the English and civics tests.

That one-year backdate is a significant advantage. For example, if your Green Card is approved on October 1, 2025, USCIS may consider your residency to have started on October 1, 2024. This means you could be eligible to apply for citizenship as early as 2029, rather than 2030.

What is the Path to Citizenship for TPS Holders?

“As a TPS holder, how do I become a citizen?” This is another important question, as the path is different. Temporary Protected Status is, by its nature, temporary and does not provide a direct route to a Green Card or citizenship.

To become a U.S. citizen, a TPS holder must first find an independent basis for lawful permanent residency. Common pathways include:

• Family-Based Sponsorship: Being sponsored by a U.S. citizen or lawful permanent resident spouse, parent, or other eligible relative.
• Employment-Based Sponsorship: An employer can sponsor you for a Green Card if you meet the qualifications for a specific job category.
• Other Humanitarian Paths: In some cases, you may be eligible for another form of relief, such as asylum.

Once a TPS holder obtains a Green Card through one of these avenues, the naturalization process follows the standard five-year (or three-year) residency requirement. The time spent in the U.S. with TPS status does not count toward the residency requirement for citizenship.

Common Challenges and How to Prepare

Navigating this transition can present unique challenges. For asylees, proving continuous physical presence can be a hurdle if extensive travel was necessary. For TPS holders, the primary challenge is finding a separate, viable path to permanent residency.

Here are some tips to help you prepare:

• Keep Meticulous Records: Maintain all your immigration documents, travel records, and evidence of continuous residence in the U.S.
• Demonstrate Good Moral Character: Ensure you comply with all laws, file your taxes, and avoid any activities that could negatively impact your application.
• Seek Legal Guidance Early: Don’t wait until you are ready to file. An experienced immigration attorney can help you identify the best path forward, whether that’s applying for a Green Card as an asylee or exploring sponsorship options as a TPS holder.

The journey from a protected status to citizenship is a testament to your resilience. It is a path filled with hope and opportunity. At Sverdloff Law Group, we understand the unique challenges faced by asylees and TPS holders. Our team is here to provide the guidance and empathetic support you need to confidently navigate every step of your journey toward becoming a U.S. citizen. Contact us today to discuss your case and take the next step toward securing your American dream.